Denver7700 Eas t Fi r s t P la c eDenver , Co lo rado 80230Phone 303.364.7700   Fax 303.364.7800

 Wa shing ton444 Nor th Capi to l S t r e e t , N.W. Sui t e 515Washing ton , D.C. 20001Phone 202.624.5400   Fax 202.737.1069

Webs i t e www.nc s l . o r g Emai l in f o@ncs l . o r g

Bruce W. S ta r r

Sena t o rOr e g o nP r e s i d e n t , NCSL

 Th om as W. W ri gh t

Ch i e f o f S t a f f t o Sp e ak e r Al a skaS t a f f Cha i r , NCSL

 Wil l iam T. Poun d

 Exe c u t i v e D ir e c t o r

March 10, 2014

Dear Chairman Shimkus and Representative Tonko,

On behalf of the National Conference of State Legislatures (NCSL), the bi-partisan organizationrepresenting the legislatures of our nation’s 50 states, its commonwealths and territories, weappreciate the efforts by the House Energy and Commerce Subcommittee to move forward with thediscussion of reforming the Toxic Substances Control Act of 1976 (TSCA). NCSL believesreforming TSCA is necessary to reflect the advances in science and technology since the law wasenacted. However, NCSL must express its serious concerns with the recently released Chemicals inCommerce Act (CICA) discussion draft, that attempts to modernize TSCA. If enacted, CICA wouldseverely impede the ability and authority of states to protect the health and welfare of their citizens.

Sections 5, 6, and 17 of CICA, would essentially eliminate state policymakers’ ability to regulate toxicchemicals at the state level by divesting all authority away from states and localities and placing thisauthority solely with the Administrator of the Environmental Protection Agency (EPA). The noticerequirements for the development of new chemical substances or mixtures and safetydeterminations would all be federalized under CICA. This approach would prevent states fromestablishing or continuing to enforce any state regulation of chemicals if the EPA has made a safetydetermination on the chemical, would prohibit states from regulating or banning any new chemical when the EPA makes a safety determination, and would eliminate states’ ability to enact stricter orstronger laws than the federal government. States could not even act to protect human health andthe environment if the EPA fails to make a safety determination on the new chemical within the 90day period proposed in CICA.

In the absence of federal action to address issues related to TSCA implementation, many statelegislatures have enacted legislation to regulate individual chemicals. From Maine to California stateshave enacted laws to protect their population from hazardous chemicals, in fact there are over 60laws in 22 states that regulate toxic chemicals. In Oregon, for example, this bill would preempt astate law that requires the Department of Human Services to adopt standards for the labeling of

 The Honorable John ShimkusChairmanEnvironment and the Economy SubcommitteeUnited States House of Representatives2452 Rayburn House Office Building Washington, DC 20515

 The Honorable Paul TonkoRanking MemberEnvironment and the Economy SubcommitteeUnited States House of Representatives2463 Rayburn House Office Building Washington, DC 20515

 

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hazardous substances, as determined by the director of the department. Other states have begun todevelop comprehensive state chemical policies that aim to establish broad and permanentframeworks to systematically prioritize chemicals of concern, close data gaps on those chemicals andrestrict their uses in those states. This is important work that should not be nullified by federalizingall toxic chemical regulation.

NCSL has long standing policy on environmental federalism that recognizes the need to preserveand strengthen uniform minimum federal standards for environmental protection while maintainingstatutory authority for states to enact state environmental standards that are more stringent thanminimum federal standards.

 While NCSL supports the need for toxic chemical reform legislation, we must oppose any bill thatso egregiously preempts states laws.

NCSL would welcome the opportunity to work with Congress to develop appropriate statutorylanguage that modernizes TSCA while respecting state laws that address chemical regulation. Pleasefeel free to contact NCSL staff Susan Frederick ( susan.frederick@ncsl.org  ) or Melanie Condon( melanie.condon@ncsl.org  ) or by phone at (202)624-5400 for more information.

Sincerely,

Senator Bruce StarrOregon SenatePresident, NCSL

Senator Debbie SmithNevada SenatePresident-Elect, NCSL

 Attached: NCSL’s Federal Chemical Policy Reform Policy Directive NCSL’s Environmental Federalism Policy Directive